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Tinker v. Des Moines Independent School District (1969) Wiki
Welcome to the Tinker v. Des Moines Independent School District (1969) Wiki Information about the Supreme Court case, Tinker v. Des Moines Independent School District (1969) Summary On December 16 & 17, 1965, a group of more than two dozen students in Des Moines, Iowa, wore black arm bands to school in protest to the Vietnam War. The group was led by Christopher Eckhardt, age 16, along with siblings Mary Beth (13) and John Tinker (15). The Des Moines school system created a policy that any student who refused to remove the arm band would be suspended until they agreed to return without the arm band. Christopher, Mary Beth and John, along with Christine Singer and Bruce Clark were suspended due to this policy. Journey to the Supreme Court *December 21, 1965: School board meeting held to discuss the school system's ban on the arm bands. The board voted 5-2 to uphold the ban. *March 14, 1966: Dan Johnston of Iowa Civil Liberties Union filed a complaint to the U.S. District Court of the Southern District of Iowa. The District Court dismissed the complaint, claiming that the students disturbed school discipline. *Case reaches U.S. Court of Appeals for the 8th Circuit, where the judges were split, meaning the ruling of the District Court stood. *November 12, 1968: Case is heard by the Supreme Court due to a writ of certiorari. *February 24, 1969: Supreme Court makes final ruling. Arguments Used Tinker: Banning the arm bands and suspending students for wearing them infringed on students' right of expression guaranteed by the First Amendment. The students chose to convey a message in a manner that was not disruptive or destructive. Des Moines Independant School District: The protesting done by the students was a disruption of learning. Learning is more important than expressing oneself when the learning environment is disturbed. The students intended to convey the message to everyone class and have everyone understand why they were wearing the bands, even they were not allowed to wear them. Supreme Court Ruling The Supreme Court's ruling was that the school district did in fact infringe on the students' First Amendment rights, and the opinion of the court voted in favor of the defendants 7-2. The students did not disturb the learning environment by wearing the arm bands. The Supreme Court did say that students do not necessarily have all of the rights guaranteed by the First Amendment in school situations. Tinker v. Des Moines as a landmark case Tinker v. Des Moines Independent Community School District case in 1969 was a landmark case because the U.S. Supreme Court extended the First Amendments right to freedom of expression in public schools for students. The ruling stated that students could express their political opinions as long as they did not disrupt the classroom. The Court stated that administrators and school board could not restrict First Amendment rights based on fear of disruption in the classroom. Definitions Amicus curiae - A person not directly engaged in a case who advises the court. Opinion of the court - A judicial opinion agreed to by more than half of the members of a court. Also, sets forth the decisions of the court. Landmark case - Are court cases that establish new precedents, which lead to new legal principles or concepts that alter the interpretation of the exsisting law. Writ of Certiorari - Certiorari often known as cert, is a writ seeking judicial review, recognized in Roman, U.S, English, Canadian, Philippine, and other law, meaning an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. Judicial Conference - The Judicial Conference of the United States formulates the administrative policies for the federal courts. The Judicial Conference makes recommendations on a different topics that relate to the federal courts. The conference is chaired by the chief justice of the U.S. Supreme Court. Other members include the chief judge of each federal judicial circuit, one district judge from each federal judicial circuit, and the chief judge of the U.S. Court of International Trade. Oral arguments - Oral arguments are spoken to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Additional Links http://www.oyez.org/cases/1960-1969/1968/1968_21 http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/tinker.html Works Cited "Amicus Curiae." The Free Dictionary. Farlex, 2013. Web. 12 Dec. 2013. "Certiorari." Wikipedia. Wikimedia Foundation, 11 Nov. 2013. Web. 11 Dec. 2013. "Court Opinion." TheFreeDictionary.com. Farlex, 2013. Web. 11 Dec. 2013. "Education for Freedom Lesson 8- Case Summary: Tinker v. Des Moines Independent Community School District." Education for Freedom, n.d. Web. 18 "Landmark Case." The Free Dictionary. N.p., 2013. Web. 11 Dec. 2013. "Judicial Conference of the United States." TheFreeDictionary.com. N.p., n.d. Web. 11 Dec. 2013. "Oral Argument in the United States." Wikipedia. Wikimedia Foundation, 11 Dec. 2013. Web. 11 Dec. 2013. "Tinker v. Des Moines Independent Community School District." TheFreeDictionary.com. Farlex, 2013. Web. 18 Dec. 2013. Latest activity Photos and videos are a great way to add visuals to your wiki. Find videos about your topic by exploring Wikia's Video Library. Category:Browse